KYR: LGBTQ+ Rights in Employment, Housing, & Public Accommodations

Delaware has state-level comprehensive non-discrimination law inclusive of sexual orientation and gender identity, as well as the Delaware Discrimination in Employment Act (DDEA), which protects individuals against employment discrimination on the basis of sexual orientation and gender identity. DDEA applies to employers with 4 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. 

This means in Delaware, it is illegal to discriminate against you because of your gender identity, gender transition, sex assigned at birth, or transgender status. 

In Delaware, you have the right to: 

• Protection from discrimination in employment based on your sexual orientation or gender identity. 
• A workplace free from harassment based on sexual orientation or gender identity 
• Access to facilities like bathrooms that are consistent with your gender identity 
• Privacy regarding your sexual orientation or gender identity 
• Protection from retaliation for opposing discriminatory practices, filing a discrimination charge, or participating in an investigation, proceeding, or litigation related to workplace discrimination. 
• The same rights, benefits, and opportunities as any other employee. 

If you believe your rights have been violated: 

• File an anti-discrimination charge with the Delaware Department of Labor. 
  • Complete the intake form and return it to the Office of Anti-Discrimination (OAD) via email at [email protected],
  • Or drop it off/mail it to: 
    • New Castle Count: 4425 N. Market Street, 3rd Floor Wilmington, DE 19802 
    • Kent/Sussex County: Blue Hen Corporate Center 655 S. Bay Road, Suite 2H Dover, DE 19901 
• Be sure to document every interaction and exchange that could show what happened, including the date, time, location, and witnesses.  
• Try to document emails, HR papers, or other forms of communication that might be relevant. 

Delaware also has a state-level Fair Housing and non-discrimination law inclusive of sexual orientation and gender identity. Additionally, the Delaware Department of Corrections (DDOC) has implemented policy to respect the gender identity of a transgender person housed in any DDOC facility and under correctional supervision in the community.  

In Delaware, you have the right to: 

• Housing free from discrimination on the basis of your sexual orientation or gender identity. 
• Access to facilities like bathrooms that are consistent with your gender identity. 
• Privacy regarding your sexual orientation or gender identity. 
• A safe, healthy, and inclusive living environment. 

If you believe your rights have been violated 

• Make housing providers aware of the federal and state law.  
• File a Housing Discimination Complaint with the Delaware Division of Human and Civil rights. 
  • You have one year from the date you believe you were discriminated against to file a complaint. 
• Be sure to document every interaction and exchange that could show what happened, including the date, time, location, and witnesses. 

Delaware has a state-level comprehensive non-discrimination law inclusive of sexual orientation and gender identity, which applies to public accommodations. 

Public accommodation protections generally cover government-operated facilities like government buildings, courthouses, libraries and parks, as well as privately owned businesses like stores, restaurants, bakeries, hospitals, hotels, motels, theaters. Generally, if the public has access to a business or institution, you should be able to access it without discrimination based on your sexual orientation or gender identity.  

Public accommodations laws do not cover religious organizations and houses of worship. 

In Delaware, you have the right to: 

• Equal access to services and spaces. 
• Dress or present yourself in a manner consistent with your gender identity and expression. 
• Privacy regarding your sexual orientation or gender identity. 
• Freedom from anti-LGBTQ+ harassment by management, staff, or other customers. 

If you believe your rights have been violated: 

• File a Equal Accomodations Discimination Complaint with the Delaware Division of Human and Civil Rights. 
  • You have 180 days from the date of the alleged incident to file a complaint with our office. 
• Be sure to document every interaction and exchange that could show what happened, including the date, time, location, and witnesses.